9911796707
TMI Blog2023 (12) TMI 1428X X X X Extracts X X X X X X X X Extracts X X X X ..... IR No. ECIR/BBZO/01/2019 dated 22.01.2019 at Bhubaneswar Sub-Zonal Office of Enforcement Directorate pending before the Court of the Cum-Special Judge (PMLA)., Bhubaneswar. 2. Perusal of the case record reveals that the FIR was registered on the basis of a report submitted by Tanuja Mohanty, then working as DSP., Vigilance Cell Unit, Bhubaneswar to the S.P., Vigilance Cell, Cuttack alleging therein that on receipt of the reliable information about the acquisition and possession of assets disproportionate to her known sources of income by the Petitioner (who was then working as the Financial Advisor-Cum-Chief Accounts Officer, Odisha Primary Education Program Authority, Bhubaneswar) and her husband, who was then working as the Tahasild ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , sale of properties and other income amounted to Rs. 2,50,00,000/- and they have incurred an expenditure of Rs. 75,00,000/- approximately under heads of consumer expenditure, educational expenses, payment of insurance premiums, stamp duty, registration fee, loan repayment etc. It was thus alleged in the report that the Petitioner and her husband possessed disproportionate assets worth of Rs. 5,04,86,000/- thereby intentionally enriched themselves illicitly in furtherance of their common intention and in the said act they were assisted by the mother of the Petitioner namely Devaki Prusty (Since dead). 4. Pursuant to the Report and after the preliminary investigation while investigation kept open, the enforcement directorate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are two other provisions where the Code of Criminal Procedure is specifically declared to apply to the proceedings before a Special Court. Section 46(1) specifically makes the provisions of the Cr.P.C applicable to proceedings before a Special Court. Similarly, Section 65 of the PMLA makes the provisions of Cr.P.C apply to arrest, search and seizure, attachment, confiscation, investigation, prosecution and all other proceedings under the Act. 29. Therefore, it is clear that the provisions of the Cr.P.C. are applicable to all proceedings under the Act including proceedings before the Special Court, except to the extent they are specifically excluded. Hence, Section 71 of the PMLA providing an overriding effect has to be construed in tune ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of power U/s. 438 Cr.P.C. By this, the authority of the court gets throttled who has a discretion to deal with the persons appearing before it pursuant to the issuance of summon. As submitted, no NBW has been issued more in order to show an apparent apprehension of detention in judicial custody which is the mandate to seek the provision U/s 438 Cr.P.C mandated in Gurbaksh Singh Sibia Vrs. State of Punjab. This Court earlier in the matter of Bijay Ketan sahoo Vrs Enforcement Directorate (in ABLAPL No. 3541 of 2023) in connection with the husband of the Petitioner has held as follows:- "Keeping in view the submission of the parties made herein and the material emanates there from as placed before this Court, further keeping in view the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
